The United States Supreme Court

We got a little tour of the U.S. Supreme Court building ahead of our argument in Lee v. Tam tomorrow, January 18, 2016. I was allowed to take pictures so I did. If viewing these pictures piques your curiosity, you might enjoy the following links: Visitors’ Guide to the Supreme Court The Supreme Court Building Cass Gilbert Society Architect of the U.S. Capitol:  Supreme Court Building

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Best of 2011: The big guys

Originally posted 2011-12-20 08:35:56. Republished by Blog Post PromoterOriginally posted on February 8, 2011. I try these days not to blog about blogging, but this item seemed like a good opportunity to depart from the general rule. My friend Ray Dowd of Copyright Litigation Blog fame has caught a little attention with this post listing “the top 50 intellectual property law blogs of all time,” according to Justia’s Blawgsearch.  (Ray’s blog made the list, as did LIKELIHOOD OF CONFUSION® and pretty much all the usual suspects). I don’t know what the criteria of “top” are, but I suspect there is in fact... Read more

Fashion Law in New York City – February 10, 2017

I’ll be participating in the 2017 Federal Bar Association Fashion Law Seminar in New York on February 10th at the New School. My panel will surely rock: Litigating a Brand: The Dual Perspective of In-House and Outside Counsel Panelists will highlight the latest trademark cases that impact fashion brands, both from a federal courts perspective and from the Trademark Trial and Appeal Board (TTAB).  Panelists will provide insight into litigation strategies and management of outside counsel by a brand’s in house counsel.  Moderator: Olivera Medenica, Medenica Law PLLC Rita Odin, Vice President and Senior Trademark Counsel, The Estee Lauder Companies Inc.... Read more

Vintage PTO “fraud”?

Originally posted 2014-07-09 21:49:45. Republished by Blog Post PromoterThe TTABlog® almost breathlessly — and, quite understandably, considering — links to Seattle Trademark Lawyer, who reports on a case,  One True Vine, LLC v. The Wine Group LLC, just now being uncorked in a California District Court that could well answer a lot of the questions about application of the new “fraud on the PTO” legal standards to an old, familiar fact pattern: This factual situation looks a lot like the facts in Medinol v. Neuro Vasx: two listed items in the identification of goods, use on only one of the two,... Read more


And once again, resistance to Eriq Gardner is futile — his piece, linked to in the tweet embedded below, tells the whole story with his characteristically lucid prose and complete grasp of the legal issues in this hot decision out of the Central District of California: Resistance is futile. Paramount v. Axanar Star Trek copyright case heads to jury; judge rejects fair use defense — Mike Madison (@profmadison) January 4, 2017 But fair use still lives here!  So while you have to read Eriq’s piece to really get this story about a would-be fan-fiction “prequel” that seems pretty clearly to have gone... Read more

Trademark rights in interdigitization

Originally posted 2012-04-09 17:37:17. Republished by Blog Post PromoterNick Daly drops me a note to the effect that one Jay-Z, gazillionaire rhyming scatologist, has been sued by a professional perspirer and leaping stage goon called Diamond Dallas Page — ach! my kingdom for a stage name! — for the former’s “Roc-A-Fella Hand Gesture,” also known as the “Diamond Cutter” hand gesture. Evidently Mr. Z uses the former, Mr. Page the latter of these nicknames for the clever manipulation of the human carpal, metacarpal and phalange bones in a distinctive diamond-shaped pattern in association with the services provided by the respective performers.... Read more

Best of 2011: Ninth Circuit. Keywords. Trademarks. Hike!

Originally posted 2011-12-21 08:40:46. Republished by Blog Post PromoterFirst posted on March 11, 2011. Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. v. Advanced System Concepts, Inc. involving keyword advertising using other folks’ trademarks (a form of the dreaded “diversion“!) and perhaps implicating secondary liability for trademark infringement: Marty Schwimmer:  “‘Forget it Jake, It’s the Ninth Circuit’ – I’m stealing that joke from Prof Tushnet’s critique of the Network Automation keyword case.  I agree with much of her analysis, however I disagree  with her (and this panel’s) view of channels of trade as a LoC... Read more

Swine of iron

Originally posted 2006-11-17 14:01:11. Republished by Blog Post PromoterIt’s certainly interesting to see what trademarks people are ready to rumble over.  Hat tip to Jaymaster from Dean’s World. Read more